All children between the ages of five and sixteen must
attend a public school or receive regular, thorough
instruction during the school year in the studies usually
taught in the public schools to children of the same age.

Title 13A

State Board of Education

Subtitle 10 Home Instruction

13A.01.01 General Regulations

Authority: Educational; Article s7-301,

Annotated Code of Maryland

.01 Home Instruction Program.

A. Purpose. The purpose of this regulation is to
establish a procedure to be used by the superintendent of
each school system to determine if a child participating in
a home instruction program is receiving regular, thorough
instruction during the school year in the studies usually
taught in the public schools to children of the same
age.

B. Written Agreement. A parent or guardian who
chooses to teach his or her child at home shall initially
sign a statement on a form prescribed by the State
Department of Education which:

(1) Indicates consent to the requirements set
forth in sections C, D, and E of this regulation; and

(2) Shall be submitted to the local superintendent
at least 15 days before beginning of a home instruction
program.

(3) Annual Verification. Annually thereafter,
prior to the beginning of the school year, a parent or
guardian shall verify the continuation of homeschooling for
his or her child with the local school superintendent or
with the supervising nonpublic school or institution
described in Regulation .05 in this chapter.

(4) Change in Status. A parent or guardian shall
notify the local school superintendent or the nonpublic
school or institution described in Regulation .05 of this
chapter if a change occurs in the homeschool status of a
child during the school year.

C. Instruction Program. The home instruction
program shall:

(1) Provide regular, thorough instruction during
the school year in the studies usually taught in the public
schools to children of the same age;

(2) Include instruction in English, mathematics,
science, social studies, art, music, health, and physical
education; and

(3) Take place on a regular basis during the
school year program and be of sufficient duration to
implement the instruction program.

D. Educational Materials. A parent or guardian who
chooses to teach a child at home shall maintain a portfolio
of materials which:

(1) Demonstrates the parent or guardian is
providing regular, thorough instruction during the school
year in the areas specified in sections C (1) and
(2).

(2) Includes relevant materials, such as
instructional materials, reading materials, and examples of
the child's writing, worksheets, workbooks, creative
materials, and tests.

(3) Shall be reviewed by the local superintendent
or the superintendent's designee at the conclusion of each
semester of the local schools system at such time as is
mutually agreeable to the local superintendent and the
parent or guardian.

E. A parent or guardian shall agree to permit a
representative of a local school system to review the
portfolio of educational materials, discuss the educational
program, and observe instruction provided that all of the
following requirements are met:

(1) The review is at a time and place mutually
agreeable to the representative of the local school system
and the parent or guardian;

(2) The purpose of the review is to ensure that
the child is receiving regular, thorough instruction as set
forth in section C;

(3) There are not more than three reviews during
the school year.

F. Additional Requirements. A local school system
may not impose additional requirements for home instruction
programs other than those in these regulations.

.02 Voluntary Participation in Standardized Testing.

Upon request of a parent or guardian, a child receiving
home instruction may participate in the regularly scheduled
standardized testing program that are administered in the
public school the child is eligible to attend.

.03 Noncompliance with Requirements.

A. Failure to Consent. If a parent or guardian
does not agree to the requirements of Regulation .01B,
C and D above, a child shall be enrolled promptly
in a public school or nonpublic school as defined in COMAR
13A.09.09.02.B(4)(a).

B. Deficiencies in the Program. If a local
superintendent determines on the review of the home
instruction program or inspection of the portfolio that the
child is not receiving a regular, thorough instruction
program in conformity with Regulation .01C and D, the local
superintendent shall notify the parent or guardian in
writing of any deficiencies in the program. The following
apply:

(1) Within 30 days of receipt of notification of
any deficiencies, the parent or guardian shall provide
evidence to the local superintendent that the deficiency has
been or is being corrected.

(2) If the local superintendent determines there
is not a satisfactory plan to correct a deficiency or if a
deficiency is not corrected, a child shall be enrolled
promptly in a public school or nonpublic school as defined
in COMAR 13A.09.09.02.B(4)(a).

.04 Placement in Public School.

Upon application of a child for admission to a public
school from a home instruction program, the local
superintendent shall determine by an evaluation the
placement of the child and any credits to be awarded toward
high school graduation. The evaluation may include
administration of standardized tests and examinations and
interviews with the child.

.05 Home Instruction Under Supervision of Nonpublic
School.

A parent may provide instruction for a child at home
without compliance with requirements of this regulation,
other than the requirements of Regulation .01B(2) and .04,
if that instruction is offered through correspondence
courses and is under the supervision of a:

A. School or institution offering an educational
program operated by a bone fide church organization, and the
supervision includes at a minimum all of the following
components:

(1) Pre-enrollment conferences with parents or
guardians.

(2) Textbooks, lesson materials and other
instructional materials or equipment designed to be used
independently by the pupil at a site other than the
school,

(3) Annual visits by the supervisory personnel to
the site where the pupil is receiving instruction, and

(4) Conferences with parents or guardians at
appropriate intervals during the period of enrollment;
or

B. Nonpublic school with a certificate of approval
from the State Board of Education, and the supervision
includes at a minimum all of the following components:

(1) Textbooks, lesson materials, and other
instructional materials or equipment designed to be used
independently by the pupil at a site other than a school,
and

(2) Assignments of a school-based teacher to
assist the home teacher in using the correspondence courses
and to assist the pupils by issuing progress reports, and
marking papers, and grading tests.

C. Annual verification.

1. The supervising nonpublic school or institution
described in Section A and B of this regulation shall:

(a) Verify with the local school superintendent
the identification of homeschooled students whose
instruction is continuing under its supervision;

(b) Notify the local school superintendent of the
identification of homeschooled students whose instruction is
newly added to its supervision; and

(c) Provide the local school superintendent the
identification of homeschooled students whose instruction is
no longer under its supervision.

2. Change of status. The supervising
nonpublic school or institution described in Section A and B
of this regulation shall notify the local school
superintendent if a change occurs in the status of a
homeschooled student whose instruction was under its
supervision during the school year.